Battista v. CITY OF ALPINE

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Mark and Lalae Battista appeal from a take nothing summary judgment in favor of the City of Alpine (“the City”). They raise six issues on appeal challenging the trial court’s judgment under both the traditional and no-evidence summary judgment standards, and contend that the City is not entitled to the protections of sovereign immunity.

In the fall of 2003, the City hired the contracting firm GSWW, Inc. to design and install a water tank on an acre of land adjacent to Mr. and Mrs. Battista’s property line. The City acquired approximately one acre of…